Paternity of a Child & Tennessee Child Custody Laws

Establishing the paternity of a child can be important for fathers who wish to exercise their child custody rights or for mothers who wish to receive child support from the child’s father.

If a couple is unmarried, a biological father may legally be refused the ability to exercise his parental rights by Tennessee courts if he is not legally recognized as the child’s father. Under Tennessee child custody laws, legal fathers have rights to a relationship with the child, so establishing the paternity of a child is an essential step for Germantown men who wish to exercise that right.  In Tennessee, this is referred to a parentage action.

Tennessee Paternity Laws 

A mother who wishes to receive child support from the child’s father must legally establish him as the father of the child. Meanwhile, a father who wishes to exercise his rights to a relationship with the child must legally establish himself as the father of the child.

There are three ways to establish paternity: 

• Marriage – The husband is automatically considered to be the child’s father upon birth if he and the mother were married and living together when the child was conceived.
• Voluntary acknowledgement – The couple can voluntarily sign a form at the hospital, Office of Vital Records or child support office to legally establish the paternity of a child.
• Court order – Genetic tests performed on the child, mother and father can determine if the man is the father of the child. If the tests are positive, a court order grants the father legal rights and responsibilities regarding the child, such as paying child support or rights to custody.

Tennessee Child Custody Laws and Fathers’ Rights 

Fathers have a right to maintain relationships with their children. Once paternity of the child has been established, the legal father has a right to have a relationship with the child.

The parents may establish a parenting plan that details the responsibilities of each parent, such as: 

• financial support;
• where the child will live (and when he or she will live there); and
• how decisions pertaining to the child will be made. 

In Tennessee, child custody laws require that a primary residential parent (formerly known as the custodial parent) is established, and that residential or parenting time (formerly known as visitation) is worked out in the parenting plan. A legal father of the child has a right to ask the court to help determine these issues. If requesting a change in a parenting plan, the parent who petitions the court must provide reason to make the change. 

In addition to their rights under Tennessee child custody laws, fathers also have legal responsibilities to their children, such as providing financial support. This includes providing child support payments to the mother if the mother is the primary residential parent, which is why it may also be important for single mothers to establish the paternity of a child.

Contacting a Lawyer 

There are many instances where paternity may be questioned, such as if a couple was unmarried at the time of pregnancy or child’s birth or in cases of adultery during marriage. Knowing for sure who a child’s father is can resolve child custody and support issues. An attorney at Miles Mason Family Law Group can help Germantown parents who are going through divorce, child support or custody disputes and when the paternity of a child is in question. Contact us: (901) 683-1850.